(a) Authorization of Survey. The Village Administrator is hereby authorized to publish notice requesting bids for the purpose of conducting a re-evaluation survey as needed, but no more than three years from the previous survey, for establishing the unit equivalent of each business connected to the Village sewer system. The Village Administrator is directed to take competitive bids and to enter into a contract with the lowest and best bidder pursuant to Ohio R.C. 731.141. Pursuant to such section, the Village Administrator will proceed only with the advice and consent of Council by way of separate ordinance if the total cost of said contract is in excess of twenty-five thousand dollars ($25,000.00). Said contract shall be prepared by the Village Solicitor and shall contain such necessary provisions as determined by him or her.
(b) Determination of Charges. Pursuant to the survey authorized by division (a) hereof, any property connected to the sewer system and any business which has expanded or will expand in the future will be charged an additional sewer impact fee for the increase in unit equivalents at the applicable base rate as determined in division (c) hereof for the year of the survey. If any user of the Village sewer system increases their use of the sewer system or increases the discharge from the connected property by changing or increasing the use of the property as previously connected to the sewer system, the user or property owner shall pay to the Village an additional impact fee equal to the impact fee for the use as reestablished by the Village equivalency unit factors as set forth in Section 1046.04, minus any connection impact fee previously paid. The additional impact fee shall be paid to the Village by the property owner prior to the use of the sewer system by the new increased use from the property. If the additional impact fee is not timely paid by the user or property owner, the Village may disconnect the user or property owner from the sewer system, or may bring an appropriate action in a court of competent jurisdiction to collect the amount for the impact fee, or it may file a lien on the property. The owner of any lot subject to a sewer impact fee shall be primarily liable to the Village for any charge levied by this section. The Village shall collect and enforce, by way of lien or any legal means necessary, any amount owed in sewer impact fees.
(c) Determination of Base Rate. The base rate charge for the sewer impact fees established herein shall be one thousand eight hundred and seventy-two dollars ($1,872.00) per residential unit equivalent until December 31, 2006. Commencing January 1, 2007, the base rate for the sewer impact fee shall be two thousand four hundred and thirty-six dollars ($2,436.00), per residential unit equivalent until December 31, 2007. Commencing January 1, 2008, the base rate for the sewer impact fee shall be adjusted to be two thousand five hundred dollars ($2,500.00) per residential unit equivalent, adjusted by the Engineering News Record (ENR) construction multiplier published for January of each year, commencing January 1, 2009.
(d) Use of Fees. Sewer impact fees collected shall be placed in the Capital Improvement Fund established by Ordinance 329, and shall only be used for capital improvements that will benefit the entire utility, that will have a life expectancy of at least five years, and that will have a cost greater than two thousand dollars ($2,000.00). The balance of the Fund shall be utilized to pay a portion of the expansion of the sewer treatment plant, debt service payments for expansion of the treatment facilities, engineering fees, legal fees and sewer impact survey costs.
(Ord. 723-98. Passed 3-11-99.)
(e) Payment of Sewer Impact Fees and Monthly Bills.
(1) Sewer impact fees shall be billed separately. Payment is due within 90 days of sending the bill. If payment is not received within 90 days, the amount of the bill will be amortized over 20 years at an interest rate established by the Ohio Water Development Authority (OWDA) at the time of billing. This amount shall be included, as a separate line item, in the monthly bill until paid in full, including interest.
(2) Once the amount due is amortized over the 20-year period, any prepayment therefor shall include the remaining principal balance, together with any and all accrued interest. Prepayment shall be allowed only until such time as the Village obligates itself in borrowing revenue to build a new cell, for modifications to the existing wastewater treatment system, for construction or modifications to the existing wastewater treatment facility or for the construction of a new wastewater treatment facility. No prepayment will be permitted after the Village borrows money for such purposes, except that any owner may repay if he or she pays the remaining principal balance together with all interest that has accrued and has not accrued for the total term. Notification will be sent in a timely manner to persons or businesses who or which have an outstanding debt if the need for the Village to borrow money for capital improvements concerning the wastewater treatment system permits those persons or businesses to prepay the remaining amount due, together with accrued interest, if they so desire. The interest rate charged to the property owners shall be changed, when the Village borrows money for the above purposes, to the interest rate which the Village is obligated to pay under the loan in existence at the time.
(3) Sewer impact fees will be used only in conjunction with the wastewater treatment facility capital improvements or modifications or the construction of a new facility.
(4) If any monthly sewer bill is not paid within 60 days of sending, the water service to the building shall be disconnected. The water service will be reconnected only upon payment, in full, of all utility bills (including sewer impact fees) past due, together with a reconnection charge as established by the Village Administrator.
(Ord. 793-00. Passed 10-23-00.)
(f) Appeal Procedure. An owner of a property subject to a sewer impact fee shall have the right to appeal the application and/or the interpretation of the sewer impact fee to Council. The owner, subject to the sewer impact fee, within 30 days from the date that the sewer impact bill is sent, shall file a request for a hearing, in writing, with the Fiscal Officer. The hearing shall be scheduled within 30 days from the receipt of the request by the Fiscal Officer and may be at a regularly scheduled Council meeting or a special meeting called for that purpose. Council may affirm or modify the sewer impact fee. Such decision shall be rendered within 30 days of the hearing.
(Ord. 723-98. Passed 3-11-99; Ord. 882-06. Passed 11-13-06; Ord. 1023-11. Passed 5-9-11.)